8.0 International Sponsored Projects

Georgia Tech encourages international collaborations. The International Contracts and Technology Transfer group within Industry Engagement serves as the point of contact for all international sponsored projects. ICTT facilitates international collaborations and helps assure compliance with Georgia Institute of Technology policies, as well as state and federal rules, regulations, and laws.

1. Reason for Policy

Georgia Tech encourages international collaborations. The International Contracts and Technology Transfer group within Industry Engagement serves as the point of contact for all international sponsored projects. ICTT facilitates international collaborations and helps assure compliance with Georgia Institute of Technology policies, as well as state and federal rules, regulations, and laws.

2. Policy Statement

Projects are considered international when sponsored by a foreign government or by a private entity based in a foreign nation, regardless of where the work is to be performed. Examples of foreign sponsors are foreign governments and governmental agencies, foreign universities, non-U.S. domiciled companies (defined as a company legally organized and originally incorporated under the laws of a foreign country), and non-U.S. non-governmental organizations and foreign public charities.

Agreements with foreign sponsors will generally provide that English is the operative language, that advance payments are made, and that all payments are made in U.S. dollars.

1. Reason for Policy

The export of equipment and information including technical data, software and hardware is controlled by federal regulations such as the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). Information such as brochures, proposals, site visits and technical discussions are deemed "technical data." Exporting information or talking to a foreign sponsor (either in the U.S. or abroad) about certain types of technical data which may have a possible military application requires a State Department export license, which may take up to three months to obtain. Exporting information or a commodity which does not have significant military application usually requires obtaining one or more of the following: an assurance which precludes reexport; supporting documentation; or a Commerce Department export license. Export of some items to certain countries and some types of subcontracts with those countries are prohibited altogether.>

2. Policy Statement

Proposals to foreign sponsors submitted to International Contracts and Technology Transfer (ICTT) are provided to Research Integrity Assurance and to Legal Affairs for review and will not be sent to the sponsor before approval is received. It is strongly advised that proposals be submitted to ICTT at least 5 business days before the sponsor deadline to allow for this review. Proposals will not be submitted without export review.

1. Policy Statement

It is the policy of Georgia Tech that each of our employees, faculty, staff, agents, representatives, vendors and other third parties that work with GIT, GTRC and GTARC comply with the anti-bribery laws of the United States and of the foreign countries where Georgia Tech does business. Bribery of any kind in the United States and abroad, regardless of foreign custom or practice, is strictly prohibited. No Georgia Tech employee, faculty, staff, agent, representative, vendor or any other third party with which Georgia Tech works shall make any payment or provide anything of value, to any person, in order to improperly influence that person to secure any advantage for Georgia Tech, including obtaining or retaining business, or directing business to any person or entity. It is also the policy of Georgia Tech that each of its employees, faculty, staff, agents, representatives, vendors and all third parties that work with Georgia Tech make and keep books, records, and accounts, which, in reasonable detail, accurately reflect any transactions and dispositions of the university and any of its subsidiaries or partners. Any contracts involving, directly or indirectly, foreign officials must be in writing and reviewed by the Georgia Tech Office of Legal Affairs prior to execution. The Foreign Corrupt Practices Act (FCPA) is a federal law (15 U.S.C. § 78-dd-21 et seq.) that exists to prevent corrupt practices in international transactions. The Act prohibits bribery of foreign officials and employees who work for foreign governments. The FCPA prohibits the corrupt payment (or offer, promise or authorization of payment) of anything of value to any foreign official or employee, directly or indirectly, for the purpose of obtaining or retaining business, directing business to any person or entity, or securing any improper advantage. The FCPA’s prohibitions are applicable to United States organizations, public or private, and any person, including a foreign person or firm, if they commit a prohibited act in the United States. Further, a United States entity may be held liable under the FCPA for the improper activities of its foreign subsidiaries if the United States entity authorized or participated in the conduct. This policy ensures the Georgia Tech community is aware of, monitors, and complies with this statute.

2. Scope

This policy applies to all Georgia Tech operations worldwide. It applies to the Institute’s (including subsidiaries) own employees, faculty, and staff. The Institute expects that third parties with whom the university works, i.e., all vendors, representatives, joint venture partners, and other third parties on international operations will comply this policy.

3. Definitions

Foreign Officials

Foreign Officials as defined by the FCPA includes officials and employees of foreign governments, state-owned enterprises, public international organizations, and political parties, as well as agents and close relatives of these individuals.

Payment

The FCPA prohibits paying, offering, promising to pay (or authorizing to pay or offer) money or “anything of value.”

"Anything of Value"

Anything of Value as interpreted by the FCPA includes not only cash or cash equivalents, but also trips, donations, and services. The determination is not retail value but whether the recipient subjectively attaches value to the disbursement.

4. Enforcement

In addition to the federal civil and criminal fines and penalties imposed by the FCPA itself, violators of this Georgia Tech policy may be subject to disciplinary measures imposed by the Institute. Penalties for violations will vary with the circumstances, but may include termination. If any Georgia Tech employee is unsure about whether they are being asked to make an improper payment, they should not make the payment. They should consult with their supervisor, the Georgia Tech Office of Legal Affairs, or call Georgia Tech’s Ethics Hotline at 1-866-294-5565, or report the instance using our online reporting tool if there is any doubt about the propriety of the payment. Institute policies prohibit retaliation for good faith reporting.

1. Policy Statement

It is the policy of Georgia Tech that that each of our employees, faculty, staff, agents, representatives, vendors and other third parties that work with GIT, GTRC and GTARC comply with all requirements set forth in Title 15 C.F.R. Part 760 (Restrictive Trade Practices or Boycotts) and all related regulations pertaining to boycotts of specific countries.

United States law prohibits any United States person from refusing, agreeing to refuse, or requiring or requesting any other person to refuse to do business with any business concern organized under the laws of a boycotted country, with any national or resident of a boycotted country, or any other person, when such refusal is the result of an agreement, requirement, or request of a boycotting country which runs counter to United States policy.

1. Policy Statement

It is the policy of Georgia Tech that that each of our employees, faculty, staff, agents, representatives, vendors and other third parties that work with GIT, GTRC and GTARC comply with all requirements set forth in 18 U.S.C. 77 §§1581 et. seq. (Peonage, Slavery, and Trafficking in Persons) and all related regulations.

1. Reason for Policy

Georgia Tech encourages international collaborations. The International Contracts and Technology Transfer group within Industry Engagement serves as the point of contact for all international sponsored projects. ICTT facilitates international collaborations and helps assure compliance with Georgia Institute of Technology policies, as well as state and federal rules, regulations, and laws.